Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

People ex rel. N.S.

Court of Appeals of Colorado, Second Division

January 12, 2017

The People of the State of Colorado, Petitioner-Appellee, In the Interest of N.S., a Child, and Concerning N.S., Respondent-Appellant.

          El Paso County District Court No. 15JV871 Honorable Timothy J. Schutz, Judge JUDGMENT AFFIRMED

          Amy R. Folsom, County Attorney, Levi Guthrie, Assistant County Attorney, Colorado Springs, Colorado, for Petitioner-Appellee

          Anna N. H. Ulrich, Guardian Ad Litem Davide C. Migliaccio, Colorado Springs, Colorado, for Respondent-Appellant

          OPINION

          FURMAN, JUDGE

          ¶ 1 In this dependency and neglect case, mother's boyfriend, N.S., challenges the jurisdiction of the juvenile court to adjudicate paternity with regard to mother's child, N.S. Because we conclude that the juvenile court has jurisdiction to enter a judgment of paternity in a dependency and neglect case, we affirm.

          I. The Dependency and Neglect Proceedings

         ¶ 2 The El Paso County Department of Human Services (the Department) became involved in this case after it received a report that the child had tested positive for THC at birth and that there had been an altercation between the child's mother and her boyfriend. According to the report, mother threw the child at boyfriend, and, after he took the child, mother went to his home and threatened to kill his whole family. Shortly thereafter, mother and boyfriend set up a meeting for the child to visit mother, who then decided that she would not give the child back. Consequently, boyfriend contacted law enforcement officials.

         ¶ 3 The Department filed a dependency and neglect petition. The petition listed boyfriend as the respondent-father. The child was placed with him while the Department exercised protective supervision.

          ¶ 4 At a pretrial conference, the juvenile court found that boyfriend had been alleged to be the child's biological father but had not been adjudicated the child's legal father. So the court ordered genetic paternity testing.

         ¶ 5 Boyfriend admitted to the dependency and neglect petition's allegation that the child was homeless, without proper care, or not domiciled with a parent, guardian, or legal custodian through no fault of the child's parent, guardian, or legal custodian. Based on his admission, the juvenile court adjudicated the child dependent and neglected. In mother's case, the court deferred the child's adjudication.

         ¶ 6 The Department subsequently amended the dependency and neglect petition to list "unknown father" and another man, A.C., as respondent-fathers. A.C. was served with this petition. Through genetic paternity testing, it was confirmed that A.C. was the child's biological father.

         ¶ 7 At a paternity hearing, the juvenile court considered competing presumptions of paternity. On the one hand, pursuant to section 19-4-105(1)(d), C.R.S. 2016, boyfriend was presumed to be the father because he had received the child into his home and openly held out the child to be his natural child. On the other hand, pursuant to section 19-4-105(1)(f), A.C. was presumed to be the father because genetic test results had shown that he was not excluded as the probable father and that the probability of his parentage was ninety-seven percent or higher.

         ¶ 8 On December 31, 2015, the juvenile court resolved the competing presumptions of paternity and entered judgment adjudicating A.C. as the child's legal father.

         ¶ 9 On February 16, 2016, boyfriend filed a notice of appeal, challenging the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.